05-12-00182-CR Echols, James Edward v. The State of Texas

Before Justices O’Neill, Richter, and Lang-Miers

Opinion By Justice Richter

James Edward Echols was convicted of aggravated sexual assault of a child and sentenced to ninety-nine years’ imprisonment. Sentence was imposed in open court on November 9, 2011. No motion for new trial was filed; therefore, appellant’s notice of appeal was due by December 9, 2011. See Tex. R. App. P. 26.2(a)(1). Appellant’s notice of appeal was mailed on January 31, 2012 and filed in the trial court on February 2, 2012. The untimely notice of appeal leaves us without jurisdiction over the appeal. 1 See Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam). We dismiss the appeal for want of jurisdiction. Continue reading
Posted in 5th Court of Appeals - CR | Tagged , | Leave a comment

05-10-01339-CR DeLuna, Marcos Antoniio v. The State of Texas

Before Justices O’Neill, Richter, and Francis

Opinion By Justice O’Neill

Appellant Marcos Antonio Deluna appeals his conviction for indecency with a child. After finding appellant guilty, the trial court assessed punishment at fifteen years’ confinement. In a single issue, appellant contends the trial court should have dismissed the indictment against him because his Sixth Amendment right to a speedy trial was violated. For the following reasons, we reverse appellant’s conviction and dismiss the indictment. Continue reading
Posted in 5th Court of Appeals - CR | Tagged , | Leave a comment

05-12-00879-CR Dunn, Henry Lovell v. The State of Texas

Before Justices Bridges, Francis, and Lang

Opinion By Justice Lang

Henry Lavell Dunn pleaded guilty to manslaughter. Pursuant to a plea agreement, the trial court assessed punishment at fifteen years’ imprisonment and a $2500 fine. Appellant waived his right to appeal in conjunction with the plea agreement. See Blanco v. State, 18 S.W.3d 218 (Tex. Crim. App. 2000). The trial court certified that the case involves a plea bargain and appellant has no right to appeal. See Tex. R. App. P. 25.2(d); Dears v. State, 154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005). We dismiss the appeal for want of jurisdiction. Continue reading
Posted in 5th Court of Appeals - CR | Tagged , | Leave a comment

05-11-00676-CR Henry, Terrance v. The State of Texas

Before Justices Bridges, Francis, and Lang

Opinion By Justice Francis

A jury convicted Terrance Henry of capital murder, and the trial court assessed a mandatory life sentence without parole. On appeal, appellant brings eight issues, complaining about the composition of the jury, the sufficiency of the evidence, his arraignment in the presence of the jury, an evidentiary ruling, charge error, improper argument, and the constitutionality of his sentence. Having reviewed his issues, we conclude only one has merit: the punishment issue. In light of the United States Supreme Court’s recent opinion in Miller v. Alabama, 132 S. Ct. 2455 (June 25, 2012), we reverse the trial court’s judgment as to punishment and remand for a new punishment hearing only. Continue reading
Posted in 5th Court of Appeals - CR | Tagged , | Leave a comment

05-10-01416-CR Wise, WW v. The State of Texas – Pub.

Before Justices Moseley, Lang-Miers, and Murphy

Opinion By Justice Murphy

The trial court found W. W. Wise guilty of theft of property and assessed punishment, enhanced by two prior felony convictions, at three years’ imprisonment. In two points of error, Wise challenges the sufficiency of the evidence to prove his prior convictions for enhancement purposes and contends his three-year sentence is void because the trial court failed to make findings on the enhancement paragraphs alleged in the indictment. In an additional point of error, he asks this Court to modify the trial court’s judgment to reflect a plea of “not true” to the enhancement paragraphs. We affirm the conviction but reverse and remand for a new punishment hearing. Continue reading
Posted in 5th Court of Appeals - CR, Published | Tagged , , | Leave a comment

05-10-01004-CR Cooper, Jay Sandon v. The State of Texas

Before Justices FitzGerald, Murphy, and Fillmore

Opinion By Justice Murphy

Jay Sandon Cooper appeals his $10 fine for failure to maintain an enclosure around his swimming pool as required by a City of Plano ordinance. See Plano, Tex., Code § 6-187 (2011). 1 Cooper complains in four issues about elements of the offense alleged in the complaint, irregularities in the reporter’s record, and alleged perjury. In an additional issue, he claims the city ordinance is preempted by sections 28.03 (criminal mischief) and 30.05 (criminal trespass) of the Texas Penal Code and article 4.03 of the Texas Code of Criminal Procedure (presumption of innocence). See Tex. Penal Code Ann. §§ 28.03, 30.05 (West 2011); Tex. Code Crim. Proc. Ann.art. 38.03 (West Supp. 2011). The only issue we have jurisdiction to address involves Cooper’s claims of preemption. We conclude the Plano ordinance is not preempted and affirm the trial court’s judgment. Continue reading
Posted in 5th Court of Appeals - CR | Tagged , | Leave a comment

03-12-00322-CR Patricia Ann Goviena v. The State of Texas–Appeal from 27th District Court of Lampasas County

This is an appeal pursuant to Anders v. California, 386 U.S. 738 (1967). In trial court cause number 8538, appellant Patricia Ann Goviena was charged with the offense of making a false statement to obtain credit. See Tex. Penal Code Ann. 32.32 (West 2011). In trial court cause number 8667, Goviena was charged with the offense of bail jumping-failure to appear. See id. 38.10 (West 2011). Goviena pled guilty to both offenses. The district court found the evidence sufficient to support a finding of guilt in each case and assessed punishment at eighteen months in the Texas Department of Criminal Justice (TDCJ) State Jail Division and ordered restitution in the amount of $3,500 for the first offense, and five years in TDCJ Institutional Division for the second offense. This appeal followed. Continue reading
Posted in 3rd Court of Appeals - CR | Tagged , , | Leave a comment

03-11-00712-CR Joe Chavez v. The State of Texas–Appeal from 21st District Court of Bastrop County

Joe Chavez was indicted for four offenses related to his sexual relationship with a sixteen-year-old girl. Before trial, he pleaded guilty to online solicitation of a minor, one count of sexual assault of a child, and one count of official oppression. The jury found him not guilty of the remaining count of sexual assault of a child, but assessed the maximum punishments authorized for the offenses to which he pleaded guilty: ten years in prison and a $10,000 fine for solicitation, twenty years in prison and a $10,000 fine for sexual assault, and one year in jail and a $4,000 fine for oppression. The court set the sentences to run concurrently. On appeal, Chavez contends that the trial court erred by allowing the State to ask him whether he offered to pay for an abortion for another teenager with whom he had sex. He contends this evidence was highly inflammatory and that the State failed to give proper notice of its intention to ask these questions. We will affirm the judgment. Continue reading
Posted in 3rd Court of Appeals - CR | Tagged , , | Leave a comment

03-11-00275-CR Kathryn Nellie Briggs a/k/a Katie Briggs v. The State of Texas–Appeal from 264th District Court of Bell County

This is one of three appeals arising from a capital murder trial against three co-defendants. The jury convicted the appellant in this cause, Kathryn Nellie Briggs, of the offense of capital murder for remuneration. See Tex. Penal Code Ann. 19.03(a)(3) (West Supp. 2012). The State did not seek the death penalty, and punishment was automatically assessed at life imprisonment without the possibility of parole. In three issues on appeal, Briggs asserts that the evidence is insufficient to prove that she was criminally responsible as a party to the offense, that the evidence is insufficient to prove that she committed the offense “for remuneration,” and that the district court abused its discretion in denying her motion to sever her trial from the trials of her co-defendants, Kyle James Moesch and John Anthony Valdez, Jr. (1) We will affirm the judgment of conviction. Continue reading
Posted in 3rd Court of Appeals - CR | Tagged , , | Leave a comment

03-11-00274-CR John Anthony Valdez, Jr. v. The State of Texas–Appeal from 264th District Court of Bell County

This is one of three appeals arising from a capital murder trial against three co-defendants. The jury convicted the appellant in this cause, John Anthony Valdez, Jr., of the offense of capital murder for remuneration. See Tex. Penal Code Ann. 19.03(a)(3) (West Supp. 2011). The State did not seek the death penalty, and punishment was automatically assessed at life imprisonment without the possibility of parole. In two issues on appeal, Valdez asserts that the district court abused its discretion in denying his motion to sever his trial from the trials of his co-defendants, Kathryn Nellie Briggs and Kyle James Moesch, and that the evidence is insufficient to prove that he committed the offense. (1) We will affirm the judgment of conviction. Continue reading
Posted in 3rd Court of Appeals - CR | Tagged , , | Leave a comment

03-11-00267-CR Kyle James Moesch v. The State of Texas–Appeal from 264th District Court of Bell County

This is one of three appeals arising from a capital murder trial against three co-defendants. The jury convicted the appellant in this cause, Kyle James Moesch, of the offense of capital murder for remuneration. See Tex. Penal Code Ann. 19.03(a)(3) (West Supp. 2011). The State did not seek the death penalty, and punishment was automatically assessed at life imprisonment without the possibility of parole. In two issues on appeal, Moesch asserts that the district court abused its discretion in denying his motion to sever his trial from the trial of his co-defendants, Kathryn Nellie Briggs and John Anthony Valdez, Jr., (1) and that the district court reversibly erred in failing to sua sponte instruct the jury that the evidence pertaining to each defendant should be considered separately and independently. We will affirm the judgment of conviction. Continue reading
Posted in 3rd Court of Appeals - CR | Tagged , , | Leave a comment

14-11-00831-CR Jorge Alberto Garivaldi v. The State of Texas–Appeal from 177th District Court of Harris County

Jorge Alberto Garivaldi appeals his conviction for burglary of a motor vehicle, arguing that (1) he received constitutionally ineffective assistance of counsel because his appointed trial counsel failed to object when the State questioned appellant about several allegedly inadmissible prior convictions and when his arresting officer testified that appellant confessed to the crime, and (2) the trial court reversibly erred in denying his request on the day of trial for a continuance to hire new counsel. We affirm.

I.FACTUAL AND PROCEDURAL BACKGROUND

Early on the evening of June 14th, 2011, Larry Hall returned to his home at the Willow Brook apartment complex in Houston, Texas. As he parked his car, Hall noticed a man emerging from the nearby bayou. Hall made eye contact with the man and watched as the man got on a bicycle. Hall went inside to get his garbage; when he came back outside, Hall noticed glass on the ground next to a yellow-colored Mitsubishi. The passenger-side window had been broken in, and the man from the bayou was no longer visible. Israel Ruiz, a security officer for the apartment complex, was patrolling the area next to Hall’s apartment at the time Hall noticed the broken glass. Hall flagged down Ruiz and told him the details of the alleged burglary. He described the man he had spotted near the bayou as wearing a square shirt and told Ruiz the general direction in which he had seen the man riding his bicycle. Ruiz spotted appellant wearing a plaid shirt with blue and white squares and walking his bike. He noticed that appellant was bleeding from his elbow. At the sight of Ruiz, appellant took off on his bike. Ruiz chased after appellant, first on his security cart and then on foot, and eventually tackled him to the ground. When appellant continued to resist, Ruiz handcuffed appellant and called the police. Continue reading
Posted in 14th Court of Appeals - CR | Tagged , , | Leave a comment

13-12-00053-CR ERIC KEITH MADISON A/K/A ERIC KEITH GREEN v. THE STATE OF TEXAS–Appeal from 252nd District Court of Jefferson County

Before Justices Rodriguez, Benavides and PerkesMemorandum Opinion by Justice Benavides

Eric Keith Madison a/k/a Eric Keith Green, appellant, pleaded guilty to burglary of a habitation and was sentenced to deferred adjudication with community supervision for five years. See TEX. PENAL CODE ANN. ‘ 30.02 (a)(3)(c)(2) (West 2003). Thereafter, the State filed a motion to revoke and upon hearing, revocation was granted, and he was sentenced to eleven years= imprisonment in the Texas Department of Criminal JusticeCInstitutional Division. Continue reading
Posted in 13th Court of Appeals - CR | Tagged , , | Leave a comment

13-11-00646-CR KIRK D. BECK A/K/A KIRK DARWIN BECK v. THE STATE OF TEXAS–Appeal from 252nd District Court of Jefferson County

Before Justices Rodriguez, Benavides, and PerkesMemorandum Opinion by Justice Perkes

Appellant Kirk D. Beck a/k/a Kirk Darwin Beck appeals his conviction for injury to an elderly individual, a third-degree felony. See TEX. PENAL CODE ANN. § 22.04 (a)(3)(f) (West 2011). By one issue, appellant challenges the sufficiency of the evidence to EX OVT ODE NN support the trial court’s judgment that he pay attorney’s fees despite his indigency. We affirm as modified.

I. BACKGROUND[2]Appellant was indicted for the felony offense of injury to an elderly individual.

After appellant pleaded guilty, the trial court deferred the adjudication of his guilt and Continue reading
Posted in 13th Court of Appeals - CR | Tagged , , | Leave a comment

13-11-00596-CR ALONZO MOORE v. THE STATE OF TEXAS–Appeal from 105th District Court of Nueces County

Before Chief Justice Valdez and Justices Garza and VelaMemorandum Opinion by Justice Rose Vela

This is an appeal from an order revoking appellant, Alonzo Moore’s, community supervision. Appellant was charged with two counts of family violence assault. See TEX. PENAL CODE ANN. § 22.01 (West 2011). He pleaded guilty and was placed on deferred adjudication-community supervision for five years. By one issue, appellant urges that the trial court erred when it failed to consider either mitigating circumstances or the full range of punishment available to him upon revocation. We affirm. Continue reading
Posted in 13th Court of Appeals - CR | Tagged , , | Leave a comment

13-11-00571-CR MARK VAN METER v. THE STATE OF TEXAS–Appeal from 105th District Court of Nueces County

Before Chief Justice Valdez and Justices Garza and VelaMemorandum Opinion by Justice Rose Vela

Appellant, Mark Van Meter, was found guilty of aggravated robbery and was sentenced to sixty years of confinement in the Texas Department of Criminal Justice , Institutional Division. See TEX. PENAL CODE ANN. § 29.03 (West 2011). By two issues, appellant argues that: (1) the trial court erred in excluding witness testimony that had the effect of preventing him from presenting his defensive theory; and (2) the evidence was insufficient to sustain the jury’s verdict that appellant committed aggravated robbery. We affirm. Continue reading
Posted in 13th Court of Appeals - CR | Tagged , , | Leave a comment

13-11-00476-CR KORBIN WATTS v. THE STATE OF TEXAS–Appeal from 319th District Court of Nueces County

Before Justices Rodriguez, Benavides, and PerkesMemorandum Opinion by Justice Benavides

Appellant Korbin Watts appeals the trial court’s sentence of life imprisonment following his guilty plea for unlawful possession of methamphetamine in an amount of four grams or more, but less than 200 grams with intent to deliver, a first -degree felony. See TEX. HEALTH & SAFETY CODE ANN. § 481.112(d) (West 2010). By one issue, Watts contends that the sentence imposed was in violation of the Eighth and Fourteenth Amendments to the United States Constitution. We affirm. Continue reading
Posted in 13th Court of Appeals - CR | Tagged , , | Leave a comment

13-11-00441-CR AUSTIN LEVI TRAMMELL A/K/A AUSTIN LEVY TRAMMELL v. THE STATE OF TEXAS–Appeal from 284th District Court of Montgomery County

Before Chief Justice Valdez and Justices Garza and VelaMemorandum Opinion by Justice Rose Vela

Appellant, Austin Levi Trammell A/K/A Austin Levy Trammell, was charged in a three-count indictment with the offenses of aggravated assault with a deadly weapon, retaliation, and criminal mischief.[1] The indictment alleged three prior convictions for purposes of enhancement of punishment. Appellant pleaded guilty to retaliation and was found guilty of aggravated assault with a deadly weapon. The State dismissed the criminal mischief count, reducing it to criminal trespass. Appellant was sentenced to 15 years’ confinement in the Texas Department of Criminal Justice, Institutional Division for aggravated assault. Appellant pleaded "true" to the enhancement paragraphs and was sentenced to ten years’ confinement in the Texas Department of Criminal Justice, Institutional Division for the retaliation offense. The trial court also found appellant guilty of the lesser-included offense of criminal trespass and sentenced him to confinement for one-year in the Montgomery County Jail. On appeal, appellant urges tha t the trial court abused its discretion by (1) admitting copies of text messages sent by appellant to his former girlfriend; (2) admitting video of appellant sitting in a patrol car after his arrest; and (3) reading back to the jury a portion of a victim ‘s testimony in response to the jury’s request. We affirm. Continue reading
Posted in 13th Court of Appeals - CR | Tagged , , | Leave a comment

13-11-00427-CR LEROY WINFIELD JR. v. THE STATE OF TEXAS–Appeal from 88th District Court of Hardin County

Before Chief Justice Valdez and Justices Garza and VelaMemorandum Opinion by Justice Rose Vela

Appellant, Leroy W infield Jr., pleaded guilty to aggravated assault with a deadly weapon, a second-degree felony, see TEX. PENAL CODE ANN. § 22.02 (West 2011), and was placed on deferred-adjudication community supervision. Afterwards, the State filed a motion to revoke appellant’s community supervision, and he pleaded "true" to the violations alleged in the motion. The trial court adjudicated him guilty of the underlying offense, revoked his community supervision, and sentenced him to twenty years’ imprisonment. By one issue, appellant asserts the trial court erred by admitting his written statement into evidence because it did not comply with article 38.22, section 2(b) of the Texas Code of Criminal Procedure. We affirm.[1] Continue reading
Posted in 13th Court of Appeals - CR | Tagged , , | Leave a comment

13-11-00205-CR CHRISTOPHER PAUL DURAN v. THE STATE OF TEXAS–Appeal from County Court at Law No 3 of Jefferson County

Before Chief Justice Valdez and Justices Garza and VelaMemorandum Opinion by Justice Rose Vela

In cause number 13-11-00205-CR, a jury convicted appellant, Christopher Paul Duran, of harassment, a Class B misdemeanor, see TEX. PENAL CODE ANN. § 42.07(a)(7), (c) (West 2011), and he was placed on community supervision. In cause number 13-11-00218-CR, a jury convicted appellant of harassment, a Class B misdemeanor. See id. Following a punishment hearing, appellant was sentenced to sixty days in jail, and the trial court revoked his community supervision in cause no. 13 -11-00205-CR and sentenced him to sixty days in jail for that offense. The sentences are to run concurrently. By four issues, appellant asserts: (1) section 42.07(a)(7) of the Texas Penal Code is unconstitutionally vague; (2) the trial court erred in denying his motion to quash the information; (3) the trial court erred by denying his request for a limiting instruction; and (4) the trial court erred by revoking his community supervision. We affirm.[1] Continue reading
Posted in 13th Court of Appeals - CR | Tagged , , | Leave a comment